Acórdão nº 0067752 de Court of Appeal of Lisbon (Portugal), 18 de Março de 1993
| Magistrado Responsável | LOPES PINTO |
| Data da Resolução | 18 de Março de 1993 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR CIV - DIR RESP CIV.
Legislação Nacional: CCIV66 ART508. DL 408/79 DE 1979/09/25 ART5 ART16 ART18 ART19.
Jurisprudência Nacional: AC RE DE 1982/10/06 1N CJ ANOVII T4 PAG296. AC STJ DE 1976/02/03 IN BMJ N254 PAG190. AC STJ DE 1990/01/17 IN BMJ N393 PAG585.
Sumário: I - Sendo a responsabilidade por culpa, a lei não exige o litisconsórsio necessário activo ainda que a responsabilidade da seguradora seja limitada. Todavia, daí não se segue que uma seguradora não disponha de meios para se pôr a coberto de uma situação em que se veja na contingência de exceder o capital seguro. II - Para dar cumprimento ao art. 16 do Dec-Lei 408/79, de 25.9 a seguradora que conheça a existência ou a possibilidade de existência de outras pretensões deve adoptar as diligências necessárias em ordem a reduzir...
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